No. 23-5870

George Tolbert v. Nationstar Mortgage, LLC, dba Mr. Cooper

Lower Court: Seventh Circuit
Docketed: 2023-10-24
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation consumer-protection discovery due-process federal-regulation foreclosure mortgage-foreclosure property-rights sanctions
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether Nationstar/Mr. Cooper failed to comply with discovery rules, the Dodd-Frank 120-day rule, and other consumer protection regulations, and whether the foreclosure proceedings were conducted properly

Question Presented (OCR Extract)

No question identified. : CASE NO. 22 A715 60 SUPREME COURT OF THE UNITED STATES FILE 10 02 2023 ; . GEORGE TOLBERT : P.O. BOX 19050 . CHICAGO ILLINOIS 60619 vs. NATIONSTAR L.L.C dba MISTER COOPER : 8950 CYPRESS WATERS BLVD COPPELL TX 75019 FEDERAL QUESTION(S) v 1 NATIONSTAR d/b/a MISTER COOPER FAIL TO MAKE DISCLOSURE AND COOPERATE IN DISCOVERY, UNDER RULE 37 AND SANCTIONS 2.NATIONSTAR dba MR. COOPER VIOLATE THE 120 DAY RULE BY NOT WAITING 120 PASS MISSED PAYMENT TO FILE FORECLOSURE : VIOLATION OF DODD-FRANK 120 DAY RULE 3.NATIONSTAR FAIL AS A SERVICER BY NOT ACCEPTING AND “POSTING PAYMENTS TO ACCOUNT, RETURNING PAYMENTS THAT SHOULD HAVE BEEN POSTED: CONSUMER FINANCIAL PROTECTION BUREAU 1024.35 4,.NATIONSTAR ILLEGALLY ENTERING TOLBERT RESIDENCE PRIOR TO FORECLOSURE VIOLATING THE 4TH, THE SEVENTH AMENDMENTS TO THE CONSTITUTION AND 14 735 ILCS 5/9-10 NO PERSON SHALL MAKE ENTRY INTO LAND OR TENEMENT EXCEPT IN CASE WHERE ENTRY IS ALLOWED BY LAW. NATIONSTAR DAMAGED ALL THREE ENTRY DOORS AND PUT A LOCK BOX ON DOOR. 5, JUDGE EDWARD KING VIOLATE THE CANNON 2A BY REFUSING TO . SIGN PLAINTIFF TOLBERT SUBPOENA TO NATIONSTAR, MISTER COOPER, FREDDIE MAC AND EACH SERVICER. SEE CANON 2 A PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY 6.JUDGE LYNN WEAVER BOYLD MAKE THE CORRECT DECISION -. AFTER BEING PRESENTED WITH EVIDENCE THAT NATIONSTAR AND ITS PROPERTY PRESERVATION SERVICES WERE GUILTY OF RACKETEERING 2 BY ILLEGALLY CHARGINGPLAINTIFF TOLBERT FOR EXCESSIVE AND UNNECESSARY PROPERTY MANAGEMENT SERVICES; WHICH MAKES THE AMOUNT DUE AND OWING INCORRECT. THIS MISTAKE MAKE THE JUDGEMENT OF FORECLOSURE WRONGFUL 7. NATIONSTAR VIOLATED FEDERAL RULE 1024.36 REGULATION X; DID NOT RESPOND REQUEST FOR INFORMATION-NOTICE OF ERROR SUBPOENA, WRITTEN INTERROGATIVE, MOTION TO COMPEL, MOTION TO PRODUCE, DOCUMENT. REQUEST FOR CLOSING DOCUMENT 8. NATIONSTAR VIOLATED HUD REGULATION WHICH ONLY ALLOWS PROPERTY MANAGEMENT FOR VACATE AND ABANDON PROPERTY. THE ILLEGAL EXCESSIVE AND UNNECESSARY PROPERTY PRESERVATION ILLEGAL CHANGES MAKE THE AMOUNT DUE AND OWING INCORRECT: 735 ILCS 5/15-1506 AFFIDAVIT IN SUPPORT OF AMOUNT DUE AND OWING, FILED AT TIME OF FILING FORECLOSURE 9. FORECLOSURE TOOK PLACE WITH ERRORS ON THE AFFIDAVIT ‘OF SERVICE:TWO DOCUMENT WERE FILE ONE FOR CASE NUMBER08330 AND 17CH08089 ONE SAYING HAMP WAS OFFERED THE OTHER SAME IT . * WAS NOT. THIS PETITIONER REQUESTED H.A.M.P CONSIDERATION 10. NO MEDIATION AFFIDAVIT FILED WITH FORECLOSURE THE TIME OF FILING FORECLOSURE 11.NATIONSTAR VIOLATED CONSUMER FINANCIAL BUREAU RULE 1026. 10 DID NOT APPLY PAYMENT TO ACCOUNT: DID NOT CREDIT PAYMENT PROMPTLY 12. NATIONSTAR DID NOT SEND NOTICE OF DELINQUENCY AFTER 45 ; ; DAYS 13.DID NATIONSTAR VIOLATE SECTION 15-1603 BY REPEATEDLY SUBJECT PETITIONER TO APPLY FOR MODIFICATION, USING THE EXCUSE MODIFICATION MUST LOWER PRINCIPLE AND/OR INTEREST PAYMENT AND YIELD A LOWER PAYMENT: NOTE FREDDIE MAC HAD MORTGAGEE REQUEST THAT THE RULE THAT MODIFICATION MUST LOWER PRINCIPLE OF INTEREST PAYMENT, EACH SERVICE REFUSED TO WRITE LETTER OF REQUEST THAT THIS RULE BE WAIVER, SO TOLBERT COULD BE 3 rn : : , MODIFIED AT THE TIME OF THIS REQUEST THE PETITIONERS INTEREST RATE WAS 2% AND MONTHLY MORTGAGE PAYMENT WAS $199.00 . AMONTH. ALSO VIOLATEING 15-1706 KNOWINGLY GIVING FALSE AND MISLEADING INFORMATION; UNDER THIS SAME RULE MISLEADING THIS MORTGAGEE, BY NOT STOPPING THE FORECLOSURE PRO CESS: NOT ALLOWING PETITIONER TO SEEK OTHER MEANS 14. AT THE SAME TIME 15-1603 TRYING TO GET A FINDING OF ABANDONMENT AND 735 ILCS 5;1104 WRONGFUL INDUCEMENT OF ABAN: DONMENT 15. NANTIONSTARE ATTEMPT TO HAVE THE RESIDENT DECLARE VACANT OR ABANDONED VIOLATING 735 ISCS CODE OF CIVIL PROCEDURE; NATIONSTAR ILLEGALLY ENTERED RESIDENCE LEAVING A NOTE IS SIDE THE PROPERTY SAYING IF THE PROPERTY IS NOT : VACATE CALL THIS NUMBER:IN ILLINOIS MORTGAGE COMPANY CAN ONLY ENTER A RESIDENCE IF IT IT VACANT OR ABANDONED 16.ILLINOIS LAW ALLOWING MORTGAGE HOLDERS TO ENTER ABAN, ‘DONED OR VACA

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)
2023-02-07
Application (22A715) granted by Justice Barrett extending the time to file until March 12, 2023.
2022-12-15
Application (22A715) to extend the time to file a petition for a writ of certiorari from January 11, 2023 to March 12, 2023, submitted to Justice Barrett.

Attorneys

George Tolbert
George Tolbert — Petitioner
George Tolbert — Petitioner